Partly allowed

G. Subrahmanyam v. P. Swathy

Telangana HC7 Aug 2020TRCMP/80/2019

Case brief

AI extract

What is this about?

The petitioner sought transfer of two separate family court proceedings to a single court for joint disposal. Due to the respondent's absence and the court's view that a joint trial would prevent conflicting orders, the trial court ordered the transfer of the petitioner's case to the forum hearing the respondent's case without costs.

What did the court decide?

The petition for transfer of F.C.O.P. No. 545 of 2017 to File Family Court, City Civil Court, Hyderabad for joint disposal along with F.C.O.P. No. 186 of 2018 has been allowed; no costs awarded.

G. Subrahmanyam Vs P. Swathy — Matrimonial and Divorce | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

FRIDAY ,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER

¶5

TR.C.M.P.NO : 80 OF 2019

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Between:

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G.Subrahmanyam, S/o Anjaneyulu, Age- 39^{years,Occ- Private employee R/o- Flat no-} S 4, Satyadeva Nilayam, [t/edibavi, Seethaphal Mandi, Secunderabad.

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...PETITIONER

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AND

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P.Swathy, D/o Gopalakrishna lt/urthy, Aged^{33 years, Occ- Private employee R/o H.No-} 16-2-TSilAl31lDl84, Road No-4, Thirumala Hills,^{Asamgadh, [Valakpet, Hyderabad.}

¶11

...RESPONDENT

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Petition Under Section 24 of the C.P.C. Praying that^{in the circumstances} stated in the affidavit filed therewith, the^High Court^{may be pleasedto transferthe} F.C.O.P.No, 186 of 2018 on the file of Family Court, City^{Civil Court, Hyderabad filed} Under Section 9 of Hindu tt/arriage Act, filed by the^{Respondentagainst me to the} Family Couft, City Civil Court, Secunderabad^{for joint trial and disposalwith the} matter F.C.O.P.No. 545 of 2017 filed u/sec.13 of^{Hindult/larriageAct, filed by} petitioner against Respondent.

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l.A.NO: 1 oF 2019

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Petition under Section 151 CPC^praying that^{in the circumstances stated in the} affidavit filed in support of the^petition, the^{High Court may be pleasedto stayall} further proceedings in F.C.O.P.No. 545 of^{2017pending beforethe Family Court, City} Civil Court Secunderabad, till the disposal^{of main transfer case in the interest of} justice.

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Counsel for the Petitioner : SRI S. PRABHAKAR^REDDY

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Counsel for the Respondent :^----

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The Court made the following: ORDER

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THE HON,BLE DT. JUSTICE SHAMEEM AKTHER Transfer Civil Miscellaneous Petition No.8O of 2O19

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ORDER

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This Transfer Civil Miscellaneous Petition, under Section 7-4 of the Code of Civil Procedure, 1908, is filed by the petitioner/husband, seeking to withdraw F.C.O.P,No.186 of 2018 pending on the file of Family Court, City Civil Court, Hyderabad and transfer the same to the file of Family Court, City Civil Court, Secunderabad, for trial and disposal along with F.C.O.P.No,545 of 2017

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Heard the learned counsel for the petitioner/husband and perused the record. Inspite of service of notice, there is no representation for the respondent/wife.

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Lea rned cou nsel for the petitioner/h usba nd fa irly submitted that instead of considering the request to transfer FCOP No.1B6 of 2018 filed by the respondent/wife under Section 9 of Hindu Marriage Act, 1955, before the Family Court, City Civil Court, Hyderabad to the file of Family Court, City Civil Court, Secunderabad, where FCOP No.545 of 2017 filed by the petitioner/husband under Section 13(1)(ia) of Hindu Marriage Act, 1955, is pending, the FCOP No.545 of 2017 filed by the petitioner/husband, may be withdrawn and transferred to the file of Family Court, City Civil Court, Hyderabad, for trial and disposal along with FCOP No.186 of 2018 in accordance with law.

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¶24

4, In view of the above submission and in the^given the circumstances of the case, both the FCOPS are required to^be disposed of by one Court, fcr avoiding^{inconsistency,} conFlicting orders and for better appreciation of the facts^of the case. If the FCOP No.545 of 2077^filed by^the petitioner/husband before the Family Court, City Civil Court, Secunderabad, is withdrawn and transferred to the^{file of} Family Court, City Civil Court, Hyderabad, no^preiudiceor inconvenience would be caused to the^{petitioner/wife.} Therefore, the FCOP No.545 of 2077 filed by^the petitioner/husband before the Family Court, City Civil Court, Secunderabad, is withdrawn and transferred to the^{file of} Family Court, City Civil Court, Hyderabad, for trial^and disposal along with FCOP No.186 of 2018 in accordance^with law.

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Accordingly, this Transfer Civil Miscellaneous Petition^is ordered. No costs.

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Miscellaneous petitions, if any,^pending shall stand

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closed.

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SD/- B. SATYAVATHI ASSISTANT REGISTRAR .r'

//TRUE COPY/i

SECTION OFFICER

To,

The Judge, Family Court, City^{Civil Court, Hyderabad}

¶34

The Judge, Family Court,^{City Civil Court, Secunderabad}

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One CC to Sri S. Prabhakar^{Reddy,Advocate(OPUC)}

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Two CCs to Public Prosecutor,^{High Court for the State of Telanganaat} Hyderabad (OUT)

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Two CD Copies Ks IVP

¶38

HIGH COURT

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DATED:0710812020

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¶41

ORDER

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TR.C.M.P.No.80 of 2019

¶43

Ordering the Tr.C.M.P. Without costs.

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G. Subrahmanyam v. P. Swathy

Case brief

What is this about?

What did the court decide?

G. Subrahmanyam v. P. Swathy

Case brief

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